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Tag Archives: Judge T.S. Ellis III

Placing employee on PIP could be adverse action (access required)

The employer was denied summary judgment on the ADA retaliation claim because the Fourth Circuit has not resolved whether placing an employee on a performance improvement plan, or PIP, after they engaged in protected conduct, could be an adverse employment ...

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Fairfax County prevails in dispute over IEP (access required)

Although parents challenged an individualized education program, or IEP, the Fairfax County School Board satisfied its obligations under the Individuals with Disabilities Education Act because the IEP was reasonably calculated to enable the child to make appropriate progress in the ...

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Defendant’s statements partially waived attorney-client privilege (access required)

Where one of the defendants in a criminal copyright infringement case voluntarily disclosed to an FBI agent substantive legal advice he received from his attorney, he waived attorney-client privilege. However, the waiver was not as broad as the government argued ...

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TSA official’s hostile work environment claim dismissed (access required)

A former transportation security officer failed to bring the alleged discriminatory conduct to the attention of an EEO officer within 45 days, there were no incidents within six months from the date he contacted the EEO, most of the incidents ...

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Contractor’s contract claim can’t be turned into fraud claim (access required)

Where a party to a teaming agreement alleged the other party breached a contractual obligation to provide resumes and certifications by submitting false and forged certifications and resumes, the fraud claim was dismissed because the source of the obligation was ...

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‘Wife’ of 18 years barred from getting pension (access required)

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Even though a couple married and lived together as husband and wife for 18 years, the wife cannot collect on her deceased husband’s nearly $722,000 pension because – unbeknownst to her – the husband had never divorced his previous wife. ...

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Bigamous spouse not entitled to decedent’s 401(k) account (access required)

Where a decedent’s 401(k) plan provided his surviving spouse was entitled to receive the proceeds, and the plaintiff, his third wife, claimed she was the surviving spouse but evidence showed his prior marriage did not end in divorce, the plaintiff ...

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